History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
conclusion that a conspiracy existed between the high state officials
of both Missouri and Illinois against Joseph Smith, and that it was
the intent of that conspiracy to encompass his destruction. When
the Prophet and Orrin Porter Rockwell were arrested (8th of August,
1842) by the deputy sheriff of Adams county, they made no attempt to
evade the officer, but immediately applied to the municipal court of
Nauvoo for writ of _habeas corpus_, which was granted, but the deputy
sheriff refused to recognize the authority of the municipal court in
this case, and leaving his prisoner in the hands of the city marshal,
withdrew from Nauvoo. He returned two days later, however, determined
to take the Prophet from Nauvoo and deliver him to the agents of the
state of Missouri. The Prophet, however, avoided arrest and went
into retirement, where he remained--with now and then an occasional
appearance among the people--throughout the summer of 1842. In the
early days of December, Governor Carlin's administration came to an end
and Ford's began, and the Prophet at once petitioned the new executive
to rescind Carlin's order for his arrest. Ford referred the matter to
the judges of the Supreme Court, who were unanimously of the opinion
that the requisition from Missouri was illegal, but advised that the
matter be settled in the courts rather than by executive action. The
Governor suggested that if the Prophet found it necessary to repair to
{XXIV} Springfield, the state capital, for a judicial investigation
of his rights, he did not think there would be any disposition to use
illegal violence against him; and the governor pledged himself to
protect the Prophet if necessary with any amount of force from mob
violence while asserting his rights before the courts, as well as when
going to and returning from them. This advice was supplemented by the
advice of his eminent counsel, Justin Butterfield; also by his very
dear and trusted friend, General James Adams. The Prophet accordingly
submitted to arrest and immediately set out for Springfield with a
company of his friends.
The matter once before the Circuit Court of the United States for
the district of Illinois, Judge Pope presiding, the matter was soon
disposed of by declaring the procedure of Missouri and the executive of
Illinois, (Carlin) illegal, and ordering that the Prophet be discharged
from his arrest, as set forth in detail in the body of this volume.
_The Second Attempt of Missouri to Extradite the Prophet_.
Public-domain text, read in full here on John Shaqi.
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